This chapter shall be known and may be cited as the Bristol
Township Delaware River South Watershed Stormwater Management Ordinance.
The governing body of the municipality finds that:
A. Inadequate
management of accelerated runoff of stormwater resulting from development
throughout a watershed increases runoff volumes, flows and velocities,
contributes to erosion and sedimentation, overtaxes the carrying capacity
of streams and storm sewers, greatly increases the cost of public
facilities to carry and control stormwater, undermines flood plain
management and flood control efforts in downstream communities, reduces
groundwater recharge, threatens public health and safety, and increases
nonpoint source pollution of water resources.
B. Inadequate
planning and management of stormwater runoff resulting from land development
and redevelopment throughout a watershed can also harm surface water
resources by changing the natural hydrologic patterns, accelerating
stream flows (which increase scour and erosion of streambeds and streambanks,
thereby elevating sedimentation), destroying aquatic habitat and elevating
aquatic pollutant concentrations and loadings such as sediments, nutrients,
heavy metals and pathogens. Groundwater resources are also impacted
through loss of recharge.
C. A comprehensive
program of stormwater management (SWM), including reasonable regulation
of development and activities causing accelerated runoff, is fundamental
to the public health, safety, welfare, and the protection of the people
of the Commonwealth, their resources, and the environment.
D. Stormwater
can be an important water resource by providing groundwater recharge
for water supplies and base flow of streams, which also protects and
maintains surface water quality.
E. Through
project design, impacts from stormwater runoff can be minimized to
maintain the natural hydrologic regime, and sustain high water quality,
groundwater recharge, stream baseflow, and aquatic ecosystems. The
most cost effective and environmentally advantageous way to manage
stormwater runoff is through nonstructural project design, minimizing
impervious surfaces and sprawl, avoiding sensitive areas (i.e., stream
buffers, floodplains, steep slopes), and designing to topography and
soils to maintain the natural hydrologic regime.
F. Public
education on the control of pollution from stormwater is an essential
component in successfully addressing stormwater.
G. Federal
and state regulations require certain municipalities to implement
a program of stormwater controls. These municipalities are required
to obtain a permit for stormwater discharges from their separate storm
sewer systems under the National Pollutant Discharge Elimination System
(NPDES).
H. Nonstormwater
discharges to municipal separate storm sewer systems can contribute
to pollution of waters of the Commonwealth by the municipality.
The purpose of this chapter is to promote health, safety, and welfare within the Delaware River South Watershed by minimizing the damages described in §
173-1A through provisions designed to:
A. Promote
alternative project designs and layout that minimizes impacts to surface
and ground water.
B. Promote
nonstructural best management practices.
C. Minimize
increases in stormwater volume.
D. Minimize
impervious surfaces.
E. Manage stormwater
runoff and erosion and sedimentation problems close to the source,
reduce runoff volumes and mimic predevelopment hydrology.
F. Utilize
and preserve the existing natural drainage systems.
G. Encourage
infiltration of stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
H. Address
the quality and quantity of stormwater discharges from the development
site.
I. Maintain
existing flows and quality of streams and watercourses in the municipality
and the Commonwealth.
J. Preserve
and restore the flood-carrying capacity of streams.
K. Provide
proper operations and maintenance of all stormwater best management
practices (BMPs) that are implemented within the municipality.
L. Provide
performance standards, design criteria, and review procedures for
watershed-wide stormwater management and planning.
M. Manage
stormwater impacts close to the runoff source, requiring a minimum
of structures and relying on natural processes.
N. Focus on
infiltration of stormwater to maintain groundwater recharge, to prevent
degradation of surface and groundwater quality, and to otherwise protect
water resources.
O. Meet legal
water quality requirements under state law, including regulations
at 25 Pa. Code § 93.4a, requiring protection and maintenance
of "existing uses" and maintenance of the level of water quality to
support those uses in all streams, and the protection and maintenance
of water quality in "special protection" streams.
P. Provide
a mechanism to identify stormwater controls necessary to meet NPDES
permit requirements.
Q. Implement
an illegal discharge detection and elimination program that addresses
nonstormwater discharges into the municipality’s separate storm
sewer system.
R. Prevent
scour and erosion of streambanks and streambeds.
The Township is empowered to regulate land use activities that
affect runoff by the authority of the Act of July 31, 1968, P.L. 805,
No. 247, The Pennsylvania Municipalities Planning Code, as amended,
and/or the Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. §
680.1 et seq., as amended, The Stormwater Management Act.
Any ordinance or ordinance provision(s) or regulation of the
municipality inconsistent with any of the provisions of this chapter
is hereby repealed to the extent of the inconsistency only.
Should any section or provision of this chapter be declared
invalid by a court of competent jurisdiction, such decision shall
not affect the validity of any of the remaining provisions of this
chapter.
Any permit or authorization issued or approved based on false,
misleading or erroneous information provided by an applicant is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the municipality purporting to validate such a violation.